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George J Cotz, Esq # 010711974

47 S Franklin Turnpike
Ramsey, NJ 07446
201-327-0900
Attorney for Plaintiff

Steven Mecka,
Plaintiff
vs

U [L

IE fRI

JUl 08 2016
MONMOUTH VICINAGE
CIVil DIVISION

20 1

SUPERIOR COURT OF NEW JERSEY

LAW DIVISION
MONMOUTH COUNTY

Joseph Coronato, Vincent

Petrecca, Glenn Miller,
Joseph Mitchell, Vincent
Frulio, Michel Paulhus and
John Corson, Charles Kuyl
and Ocean County, a New
Jersey municipal corporation,
Defendants

DOCKET NO: MON- L- 1740-16

CIVIL ACTION
FIRST AMENDED
COMPLAINT

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Plaintiff, amending his Complaint, says:

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Plaintiff, Steven Mecka, complaining of Defendants says:

1.

Plaintiff is a resident of Ocean County, New Jersey. On information and belief,

all Defendants are resident in Ocean County, New Jersey.

2.

In 2004, Plaintiff was hired into the position ofInvestigatorlDetective in the

Office of the Ocean County Prosecutor ("OCPO"). The OCPO is not a civil service
employer, and this was not a civil service position.
3.

Upon being hired into the OCPO Plaintiff became an employee of Defendant

Ocean County.
4.

Marlene Ford was the former Ocean County Prosecutor ("OCP"), and held that

position at all times relevant until ca. March 2013.

5.

Defendant Joseph Coronato is the incumbent OCP, and has been since March

2013.
6.

Defendants Vincent Petrecca, Joseph Mitchell and Vincent Frulio are senior

officers of the OCPO and have, or had, supervisory authority over Plaintiff at relevant
times.
7.

Defendants Michel Paulhus and John Corson, Jr are senior attorneys on the staff

of the OCPO with supervisory authority over Plaintiff and Defendants Petrecca, Mitchell
and Frulio.
8.

Defendant Glenn Miller is Chief of Detectives in the OCPO, and the senior

officer on the Detective Staff that is attached to the OCPO.

9.

Defendant Ocean County is a municipal corporation of the State of New Jersey.

10.

All individual Defendants were, at all times relevant, employees, agents and

officers of Defendant Ocean County.

11.

The OCPO is accredited by Commission on the Accreditation of Law

Enforcement Agencies ("CALEA"). Under CALEA standard 2.3.1, adopted by the

OCPO by SOP 2:18 on May 17,2012 all promotions are to be in compliance with the
standards used by the New Jersey State Association of Chiefs of Police ("NJASCOP").
12.

Plaintiff has suffered adverse employment actions as a result ofbeing a

conscientious employee, most recently being passed over for promotion and/or denied a
transfer to a more appropriate unit, and subjected to arbitrary and pretextual discipline,
all as a result ofseveral similar acts of objecting to , resisting and reporting misconduct
within the OCPO; and reporting and seeking to prosecute criminal activity by public
officials, and all. contrary to NJSA 34: 19-1, et seq ("CEPA").
13.

The decisions in the past twelve months which were punitive and retaliatory were

part of a continuing pattern, practice, policy, custom and usage within the OCPO which
created a hostile environment for Plaihtiff as a conscientious employee.
14.

Plaintiffs difficulties primarily originate from his interactions with a superior,

Defendant Vincent Petrecca. Ca May 2006 they were both assigned to SIU under Captain
Sramaty and Chief Mahony. At that time, Defendant Petrecca was Plaintiffs peer but
temporarily acting as the Unit Supervisor overseeing SIU (Plaintiff, Mark Malinowski and
James Conroy) while Sgt. Steven Budelman was assigned to the FBI. In addition to IA
investigations, Capt Sramaty was also then assigning Plaintiff to investigate cases of official
corruption. One of those cases involved possible corruption within the Plumsted Police
Department, where Defendant Petrecca's brother, Mathew, was a patrolman. Defendant

Petrecca learned of Plaintiffs involvement in this investigation, and constantly approached

him for information about the investigation. claiming he wanted to gain leverage for his
brother and remove Ronald Dancer from his position as Mayor. Plaintiff refused to divulge
anything to Defendant Petracca, who requested the Plaintiff have communications with
Matthew to avoid violating the direct orders from Chief Mahor:tey. Plaintiff refused to
divulge information or to communicate with Matthew Petrecca. Vincent Petrecca then began
to verbally abuse, mistreat and isolate the Plaintiff. Vincent Petrecca threatened the Plaintiff
about overloading him with assignments, not providing manpower to assist with the
Plaintiffs assignments, not giving good performance evaluations, reprimanding the Plaintiff
whenever possible, blocking his path to promotion, making physical threats, leaving a rubber
rat on his desk, advising others of the Plaintiff's diagnosis of Narcolepsy and various other
attempts to embarrass / discredit the Plaintiff. Defendant Petrecca acted on many of his
threats to the Plaintiff at that time and in the time to come.

15.

After Plaintiff complained about this to his superiors, Defendant Petrecca was

advised to minimize contact with Plaintiff but called upon the Plaintiff while at Range
to demonstrate techniques of disarming a weapon .Defendant Petrecca twisted the
Plaintiffs right wrist several times causing discomfort and pain. Defendant Petrecca had
prior knowledge that the Plaintiffs right wrist had been injured and had past surgery.
Sgt. Kim Trujillo-Tovar was witness to the range incident; Sgt. Trujillo-Tovar and the
Plaintiff verbally reported the incident to Sramaty. The Plaintiff verbally reported
mistreatment and wrongful conduct to Sramaty and Mahony on several occasions, each
time the Plaintiff was advised Petrecca had been counseled and or reprimanded. The
Plaintiff was assured that Defendant Petrecca's conduct was addressed and that he
would not be subjected to further harassment; but it continued. Vincent Petrecca was
promoted to Sergeant under Prosecutor Kelaher.

16.

In or about 2007, Defendant Charles Kuyl replaced Mahony as Chief. Kuyl is

commonly known to be Defendant Petrecca's godfather, having served in the NJSP

with Defendant Petrecca's father and uncle. The conduct of Defendant Petrecca was
bought to the attention of Chief Kuyl, who assured Plaintiff that he would put a stop
to it and that Plaintiff would never again have to work with Defendant Petrecca.
17.

Defendant Kuyl questioned the Plaintiffs loyalty to former Chief Daniel

Mahoney and former Deputy Chief Robert Peck, and told Plaintiff that" Peck needed
to go.", "Do you have a problem with that?". Defendant Kuyl referenced his past
experiences with the NJSP during the riots that occurred in Newark NJ and referenced
throwing a black man off of the top of an overpass, causing injuries because the man
was disrespectful. Defendant Kuyl advised the Plaintiff that he " knew of all different
ways to take care of trouble", that he wasn't" afraid to get his hands dirty", that he was

"Old school".
18.

Not long after this conversation, Defendant Kuyl temporarily transferred

Sramaty to supervise the narcotics unit, and Defendant Petrecca was appointed acting
Lieutenant in Sramaty's absence. Defendant Petrecca's harassing conduct became more
frequent. Sramaty was permanently transferred to the Narcotics Unit. Sramaty met with
another officer and Plaintiff advising that he conferenced with Defendant Kuyl, but that
nothing could be done.
19.

At about that time, Defendant Petrecca and his wife Cheryl knowingly and

purposefully harassed the Plaintiff by interfering with his personal life, spread false
rumor and slanderous statements to civilians regarding the Plaintiffs work ethic,
reputation, integrity, personal matters concerning his divorce and more. The Petrecca's
actions were witnessed both by civilians and by Secret Service Agent Darrin Davin,
who reported the conduct to the Plaintiff. Plaintiff reported the conduct to Sgt TrujilloTovar, Lt.Boyd, Captain Joseph Mitchell and Defendant Kuyl. Defendant Kuyl asked
the Plaintiff to let him handle Vincent and Cheryl Petrecca's conduct. The Plaintiff did
not wish to file a formal complaint due to fear of further retaliation and possible loss
of employment. Plaintiff requested that the OCPO take appropriate action and he
assured Defendant Kuyl that he would fully cooperate with any investigative process.
Defendant Mitchell advised Plaintiff that Defendant Petrecca was reprimanded, would
not be promoted to Lieutenant, and would have no contact with the Plaintiff; but he
would not provide a disposition or description ofreprimand. Defendant Kuyl met with
the Plaintiff and explained the same. 20. Despite the earlier assurances of Defendant
Kuyl, from August 10,2010 until January 19,2011, Plaintiff was assigned to the IA Unit
under Sgt Kim Trujillo, Defendant [then] Lieutenant Petrecca, and Defendant Captain
Mitchell. Among Plaintiffs duties in that position was the investigation of official
misconduct by public officials in Ocean County.

21.

In about September 2010, Defendant Petrecca, who is actively involved in

Democratic politics, instructed Plaintiff and Sgt Trujillo, to "go after" Republicans,
particularly Ocean County Republican leader George Gilmore, Esq., Freeholder Jack
Kelly, Assemblyman Brian Rumph; LEHT Mayor Raymond Gormley, John Kehm, and
Toms River Mayor (imd former OCP) Thomas Kelahar and Assistant Township
Administrator Daniel Mahoney, regardless of the absence of any probable cause.
22.

At that time, Plaintiff was working with a Confidential Informant A.M., who was

actively engaged in Ocean County politics. A.M. had already implicated a number
ofpublic officials to Plaintiff. Defendant Petrecca instructed Plaintiff to have A.M.
"wear a wire' , arrange meetings with Gilmore, Kelly, Rumph and the others, and entrap
them. Defendant Petrecca ordered the Plaintiff and Sgt. Trujillo -Tovar to have A.M.
to attend and with the use ofthe LEHT PD digital recorder record the local and county
Republican Party meetings. Defendant Petrecca said "Republicans are all dirty", "Get
them all involved", "Bring them all down". Petrecca advised the Plaintiff and
Sgt.Trujillo-Tovar that Defendant Kuyl was excited to have the opportunity to get as
many Republicans involved with the corruption investigation. Plaintiff refused, and
Defendant Petrecca threatened to reprimand him.
23.

At or about the same time, Defendant Petrecca ordered Plaintiff to go to the

office of Little Egg Harbor Police Chief Richard Buzby, and remove municipal records
and documents, in an effort to "get" Buzby, and to do so without a warrant (for which
there was no probable cause). Defendant Petrecca advised the Plaintiff and Sgt.
Trujillo-Tovar to investigate Chief Buzby's relationships, requesting information ofwho
Chief Buzby has had and is having sexual relations, including but not limited to LEHT
employees. Defendant Pettecca ordered the Plaintiff to inquire if Toms River Township
had purchased robo cans from Schaafer Industries, revealing intentions to implicate
Mayor Kelaher and Assistant Administrator Mahoney. Plaintiff and Sgt. Trujillo - Tovar
both refused and were subjected to further harassment and threats of disciplinary action

if they did not comply. Plaintiff refused.

24.

Plaintiff reported these incidents to Defendant Mitchell, who was then Petrecca's

supervisor. Mitchell countermanded these orders, and told Plaintiff there would be an
IA investigation of Petrecca. Sgt. Trujillo verbally confirmed these events to Defendant
Mitchell. Mitchell advised Chief Buzby, Sgt.Trujillo-Tovar and the Plaintiff that
Petr~cca would not have further involvement with the LEHT investigations and that
he would be subject to disciplinary action. Mitchell then countermanded these orders
and, some days later, advised the Plaintiff that Petrecca would maintain his position and
role with the investigations, would not be subject of disciplinary action or investigation.
25.

Although he initially promised an IA investigation of Defendant Petrecca,

Defendant Mitchell simultaneously expressed incredulity that Plaintiff wanted to

complain about Petrecca's orders. Mitchell said to Plaintiff "Think of your son, your
home, your career". Mitchell warned the Plaintiff that the OCPO does not look
favorably on subordinates who file complaints against their supervisors, suggesting that
the Plaintiff should be careful and be fearful of personal liabilities. Mitchell advised the
Plaintiff "Don't be a martyr", "Your loyalty is to this office not to Buzby or a bunch of
drug addicts". Mitchell advised the Plaintiff that his reports of police misconduct,
mishandling and lack of investigative measures associated with the LEHTPD SIU files
were not worth losing everything. Mitchell further advised Plaintiff that Sgt. TrujilloTovar had a recent case of "amnesia", became confused, had changed her story and
could not recall accounts of what had occurred with Petrecca. Defendant Mitchell
warned the Plaintiff that pursuing complaints against Petrecca would also cause Sgt.
Trujillo- Tovar professional liability since her story had changed. Mitchell advised the
Plaintiff that it would then be his word against a Lieutenant's word. Mitchell said the
complaint would go nowhere. He also ordered Plaintiff not to put anything about these
events in writing, explaining that the Plaintiff would be interfering with an Internal
Investigation, violating a direct order and be subject to disciplinary action if the Plaintiff

attempted to file any written documentation relevant to the complaint.

26.

Plaintiff reminded Mitchell of examples of Petrecca's ongoing harassment,

intimidation, threats to lose his job, physical attack at the range, attempts to target
political officials without cause, directing Staff to conduct unlawful acts and wrongful
conduct in pursuit of political ambition. The lack of investigation regarding the LEHT
PD Police Misconducts, confidential funds, Criminal Informants and other matters
further cau~ed liability to the office, the LEHT PD and numerous potential civilian
civil right violations including but not limited to wrongful arrest, prosecution and
incarceration. Defendant Mitchell advised the Plaintiff that those cases were trouble,
could lead to cases being overturned and could "cause everyone a mess". The Plaintiff
demanded that an Internal Affairs investigation be initiated into his reports and
complaints. Mitchell advised the Plaintiff that there was not a conflict of interest, and
that a higher authority would not investigate the Plaintiffs complaints.
27.

At that time, Defendant Kuyl was still Chief of Detectives, and he approach- ed

the Plaintiff asking if he could do him a favor, move forward and forget about what had
happened. Kuyl promised to "Take care of" the Plaintiff if he agreed to do this "favor".
The Plaintiff informed Defendant ' Kuyl that he would like to file formal complaints
against Defendant Petrecca for his conduct. Kuyl questioned why the Plaintiff wanted
to file a complaint. On information and belief, Defendant Kuyl pressured Defendant
Mitchell not to pursue the IA charge.
28.

On information and belief, no IA investigation was ever commenced about

this issue.
29.

On or about October 5, 2010 one Craig Mueller used an illegal automatic

weapon to shoot and kill his brother, Bryan, and an innocent passerby, Cara Ellis, in
LEHT, Ocean County. Plaintiff learned that Mueller had legally purchased this gun in
1988, but when New Jersey law changed in 1991, all owners of such weapons had one

(1) year to dispose of them. Plaintiff further learned that, in the normal course of its
duties, the New Jersey State Police (NJSP) had been required to compile and maintain
a list of all persons who lawfully purchased such automatic weapons in New Jersey.
When the law changed in 1991, requiring such owners to dispose of their weapons, the
NJSP never followed up to see if such people had done so. On information and belief,
and based on statements made by him to Defendant Kuyl, this was because many such
owners were affiliated with law enforcement. On or about October 11, 2010, when
Plaintiff pressed Kuyl to press the NJSP to act on their information, however late, he
refused, became angry, and threatened Plaintiffs job if he ever spoke of it again. This
contributed to the hostility between Plaintiff and Kuyl.
30.

Throughout the rest of 20 1 0, Plaintiff kept asking Defendant Mitchell about

the "IA investigation" of Petrecca, as he [Plaintiff] was never interviewed by anyone.

31.

Sgt Trujillo-Tovar told Chief Buzby that Defendant Mitchell had told her that

if she forgot about what Petrecca had ordered, her husband (then a detective with the
OCPO) would get a promotion to sergeant (which happened in 2011) as a reward for
her' loyalty".
32.

On December 16,2010, Plaintiff sent Sgt. Trujillo-Tovar an e-mail which

requested the disposition of his complaints against Defendant Petrecca. A few weeks
later, Plaintiff advised Trujillo (his superior) that he was scheduled to conduct an indepth recorded interview the next day with A.M. over incidents ofquid pro quo'bribery
in Little Egg Harbor; and he also told her that A.M. was prepared to incriminate people
on the OCPO staff. The next morning, before he conducted the interview, Defendant
Mitchell called Plaintiff into his office and, in the presence ofRonald DeLigny, a senior
attorney on the OCPO staff, advised Plaintiff that he looked disheveled, offered therapy
/ an opportunity to speak with a counselor, advised he was immediately removed from
all responsibility over his corruption cases and that he was transferred to the Trial/Grand
Jury Unit. Plaintiff disputed these allegations and advised Mitchell and DeLigny that

this was retaliation for attempting to make a complaint against Defendant Petrecca.
Mitchell and DeLigny denied this, but provided no other explanation. The Plaintiff was
advised that his transfer and reassignment was at the Direction of Defendant EAP
Michel Paulhus and Defendant Kuyl, and approved by Prosecutor Marlene Lynch Ford.
33.

Plaintiff returned to his work station to find that his desk had been accessed, case

files, case notes, personal notes and other personal content were removed from his desk
without explanation. The Plaintiff returned to Mitchell's office, advised Mitchell that
his desk had been accessed and complained about personal property being removed.
Mitchell was furious, told him to step into the office and close the door. Defendant
Mitchell said to Plaintiff"I told you not to put anything [about Petrecca] in writing
(referring to the e-mail Plaintiff sent Trujillo). You are threatening me, I can't trust you.
This [the immediate transfer to Trial/Grand Jury] is your punishment!".
34.

At that time also, the Ocean County Prosecutor's Office had designated Plaintiff

as the lead Detective responsible for investigating political corruption cases against
former LEHT Mayor Scott Stites, A.M., Code Enforcement Officers, Zoning Board
members, elected members ofTownship Committee, DPW Director Anthony Savino,
DPW Paul Toth, former Chief Mark Siino, MUA Director David Johnson, Chairman
Joseph Mezzina, MUA Board Member Coborn, LEHT Police Officers / Staff and more.
He was investigating allegations of fraud, official misconduct, theft, quid pro quo, land
deals, MUA improvements, vehicle transfers and purchases, township contracts /
awards, bid rigging, extortion, drugs, police misconduct, and more, all arising in Little
Egg Harbor. As a result, both OCPO officers including Sgt Trujillo had told Chief
Buzby that Plaintiff would be targeted.
35.

While in the Trial/Grand Jury Unit, Plaintiff was directed to write reports on all

his open IA cases without being given access to his files, notes and transcripts. Plaintiff
refused to write reports without such information; Plaintiff received a verbal written
reprimand for not completing reports in a timely fashion. Mitchell agreed to allow

partial access to records, Sgt. Trujillo forwarded case info and notes to complete
assignments. On information and belief, other people wrote some of the reports on his
cases and signed his name to them. The Plaintiff was mandated to sign the last page of
certain reports without being able to view the entire report. Plaintiff was not permitted
to maintain a copy of any final report on the cases assigned to him. Plaintiff had been
asked questions pertaining to the LEHT corruption investigations and OCPO Staff
misconducts and reported this to the FBI in 2013 when assigned to jointly assist with
their investigations
36.

While in this unit, a newly-appointed detective advised Plaintiff that his wife was

the nanny for Prosecutor Ford, and that she had appointed him a Detective so that his
wife could afford to continue serving as her [Ford's] nanny. This detective advised the
Plaintiff that he had no prior law enforcement experience, that he was a professional
cheerleading coach who lost his coaching business, and was hired as a favor to his wife.
Plaintiff reported this to the FBI in 2013.
37.

From Trial/Grand Jury Plaintiff was transferred to Domestic Violence (DV)

on October 28, 2011. This unit was under the supervision of Defendant Frulio. Lt.
Colleen Lynch and Sgt. Robert Abrams.
38.

On the first day in the DV Unit, Plaintiff was working with Detective Leah

Kapler. Sr. Supervising Assistant Prosecutor Terry Cunningham directed them to

present plea agreements for people under indictment for DV -related offenses, mostly
violating FROs and TROs, previously prepared by her to Defendants. Kapler and
Plaintiff met with a man named Jarret Binney, who claimed that he did not violate the
TRO, and that the whole matter was fabricated by his wife and the man she had been
having an affair with. Binney told them that their Captain, Defendant Frulio, had
been having an affair with his wife; and Binney said "I'll agree to anything, just promise
me that you'll keep [Defendant] Frulio away from me, and that I'll get to see my kid".

Binney feared Frulio because he was a bigger man, a Captain with the Prosecutor's
Office and anned with a firearm. Binney claimed that Frulio had threatened him with
physical hann and promised to use his power and influence to cause additional harm
after Binney contacted Frulio's wife advising her of the affair. Plaintiff was concerned
by this, because a) it seemed to be a conflict of interest, requiring a change in venue; b),
Binney seemed to expect a secret promise in exchange for his plea; and c) the nature of
the allegation required him to report the matter and refer the complaint to IA for
documentation, investigation and action deemed appropriate. He informed the
supervising Assistant Prosecutor, Terri Cunningham, who thought it was OK;
Cunningham spoke with Binney who advised her of the same, Cunningham advised
Binney it would be beneficial to him ifhe agreed to postpone the matter to give her time
to review his case. The.matter was later transferred to Monmouth County, where Binney
pled guilty to violating the protective order. On information and belief, SAP
Cunningham did notify Defendant EAP Michel Paulhus of the incident, but Binney's
allegations were not documented or investigated by IA, and Binney's criminal charge
was transferred to Monmouth county without notice of the circumstances involved or
Binney's allegations.

39.

Less than 2 weeks later, Plaintiff was summoned to a meeting in Defendant

Frulio's office; Sgt Abrams was there, and AP Cunningham. Defendant Frulio told him
that he was transferred immediately to the DV/ Weapon Return Unit; and to 'just do
your job, keep quiet, and don't poke into anyone's personal business". Sgt. Abrams
advised the Plaintiff he was reassigned to Weapons due to involving himself with
Binney's matter and Defendant Frulio's business. Abrams afterwards told him that he
should not have said anything about Binney, and told him "The Captain takes care of
us, and we take care ofour own". Plaintiff reported this to the FBI in 2013 when
assigned to assist with their investigations

40.

In or about May 2012, Defendant Frulio addressed Plaintiffs unit regarding the

health issues then afflicting Sgt Abrams, and all were instructed to continue what was
already the practice of signing him in at work when he was actually absent due to
medical issues. Defendant Frulio announced "if anyone has a problem with this, they'll
answer to me and the Chief' [Defendant Kuyl]. AP Cunningham was with Defendant
Frulio when he made these threats. Plaintiff refused to participate in this scheme, and
reported it to Defendant Kuyl. Defendant Kuyl said to Plaintiff"Why do you want to do
this [report the cover-up of Abrams' absences]. It will destroy our office.

41.

Most of the instances of signing in for Abrams were done by one detective, who

also abused the attendance policy by signing herself in and out for weeks in advance,
then simply not showing up. Denise Rickards, a secretary, complained about this to her
superior, AP Cunningham, Detective Kapler and Plaintiff. This detective had accessed
Sgt. Abrams work computer to forward Abrams performance evaluations to complete
while not in work. She had exposed Staff members (Rickards, Kapler, Megill and
Plaintiff) to pornographic photos and video she found on Abrams work computer. She
advised Clerk Rickards, Detective Kapler, Assistant Prosecutor Andrew Megill and
Plaintiff that she went throqgh every computer file and found offensive pornographic
photos, video (some personal pictures and video of Abrams' relations with another
Ocean County employee). She advised that she copied Abrams hard drive onto a thumb
drive as proof of what was on the computer.

42.

SAP Cunningham confronted this detective regarding Clerk Rickards complaint

that she had signed herself into work while vacationing in Florida with her family.
Cunningham threatened to refer the matter to lA, and she threatened to expose Abrams
theft of time, and to expose Prosecutor Marlene Lynch Ford, Defendants Kuyl and
Frulio, SAP Cunningham, and Lt. Lynch for their conspiring to commit fraud, theft of
time, falsification of time sheets and more. She threatened to expose other misconducts

such as matters involving Detective O'Mara and theft of time of yet another detective
who was marked into work while in the hospital giving birth. She threatened to take the
thumb drive to the press and expose the material on Abrams' computer. She claimed that
she had donated $6000 in cash to Captain Frulio (Autism Charity) raised by her
husband, a Deputy Newark PD Chief of Police. SAP Cunningham reported the matter
to Defendant Paulhus and IA: SAP Cunningham met with Paulhus who decided the
matter would not be investigated, and no one has ever been interviewed by IA. Clerk
Rickards and Det Kapler individually advised the Plaintiffthat SAP Cunningham
approached them advising that Defendant Paulhus "covered everyone" and instructed
both never to speak about what the detective had done because all could be liable.
Information was provided to the FBI in 2013 while assigned to assist with
investigations.

43.

In March, 20l3, Defendant Coronato was appointed as the new OCP.

44.

In May 2013, Sgt. Trujillo-Tovar accused Plaintiff of not completing reports

associated with LEHT PO Paul Toth. This was not the first time IA Staff had
wrongfully attempted to blame the Plaintiff for not completing reports or losing
evidence. Plaintiff and Chief Buzby confirmed that the original investigation report was
written and handed into IA. Plaintiff was asked to rewrite a second original
investigation report which led to the Plaintiffs objections and complaint ofharassment.
Defendant Frulio, Lt Lynch, Sgt Cecchini and the Plaintiff met in Lynch's office to
discuss the matters of the lost report and the harassment complaint. Frulio advised
Lynch, Cecchini and Plaintiff that Det Raymond Gardner advised him that the Plaintiff
had not done wrong, and was undeserving of the harassment received. Defendant Frulio
advised that Gardner confessed that OCPO IA Staff had planned to set the Plaintiff up,
wrongfully place blame of wrongdoing on Plaintiff to avoid issues associated with the
LEHT Corruption Investigations as Prosecutor Coronato entered into office. Defendant
Frulio further advised that Gardner insisted that the Plaintiff never did anything wrong.

45.

Lt Lynch later directed Plaintiff to put all of his complaints in writing to

Defendant Frulio, telling him that these had to go through the chain of command even
though some of his complaints related to Defendant Frulio. Plaintiff feared retaliation
and mishandling information and complaints if providing Frulio with a detailed memo
enumerating concerns of official misconduct and/or criminal behavior on the parts of
former Prosecutor Ford, Defendants Kuyl, Paulhus, Frulio, Mitchell and Petrecca, Sr
AP Cunningham, and others.

46.

Sometime before September 2013 a DV complaint was lodged against Jackson

Police Dept Chief Mathew Kunz, and, by operation of law, his weapons were
confiscated. By statute, such weapons cannot be returned to the owner until there has
been a hearing, on notice to the victim.

On or about September 3, 2013 Defendants

Mitchell and Petrecca ordered Sgt. Nahrwood to return Chief Kunz guns to him,
without notice to the victim, and prior to any hearing. After he returned to the DV unit,
following his temporary assignment to the FBI, in the course of his duties in Plaintiff
learned of these events relating to Chief Kunz, and on several dates in October 2014
Plaintiff sent e-mails to his superior, Sgt. Cecchini, objecting to this; his superior, Lt
Lynch and Sgt Cecchini, told him that Defendants Frulio, Miller and Corson, were
furious about his objections, and threatened Plaintiff with a charge of insubordination.
This further contributed to the hostility towards him from Defendants Frulio, Miller
and Corson.

47.

In or about June 2013, Kuyl met with Plaintiff and instructed him to start

working with the FBI Special Task Force in Red Bank, investigating official corruption;
he was to resume the work he had been doing when Mitchell abruptly pulled him off
in 2010. On information and belief, Defendant Coronato and Miller sent plaintiffthere
to be their scapegoat in the event that any Ocean County Republicans and/or members

of the OCPO were actually charged and arrested by the FBI. Despite their assurances
that they wanted to distance themselves from any and all such FBI investigations,
Defendant Miller at one point told Plaintiff that they (presumably, Defendant Coronato
and himself) had been in constant contact with the FBI about these issues.

48.

Coronato met with Agents DiOrio, Silvana Soto, John Sheehy and Plaintiff,

advising that the FBI was investigating people within the OCPO, including Defendant
Petrecca, Mitchell, Paulhus and other personnel. Among other things, Plaintiff was
assigned to investigate FEMA frauds arising from Hurricane Sandy. Part of his
investigation involved a security camera videotape that showed the looting of a stormdamaged Army/Navy store in Seaside Heights, by a number of first responders,
including senior police officers and personnel from the OCPO, including Lt. Todd
Friedman and Sgt Mark Malinowski.
49.

At that same meeting between Plaintiff, and FBI Agents Soto, Sheehy and

DiOrio with Defendant Coronato, he [Coronato] said that Defendant Paulus had
promised State Assemblyman Brian Rumph that Plaintiff would be removed from
investigating and pursuing LEHT corruption cases, and that Defendants Paulus and
Kuyl then conspired to transfer Plaintiff to Grand Jury. Defendant Coronato also told
them that Paulhus and Rumpf were college buddies, and tasked Plaintiff and the FBI
agents with discovering what Paulus was to get from arranging Plaintiffs transfer.
Coronato further told them that subsequent to his installation as OCP, Assemblyman
Rumph had met with him and asked him to promise to keep Paulhus on as a favor to
him [Rumph].
50.

Plaintiff also investigated Dawn Kelly, who is the daughter of Freeholder Jack

Kelly, and holds the position ofTax Collector in Little Egg Harbor Township. After she
had made a plea deal, subsequent audits showed that she had stolen at least another
$200 through her position. Chief Buzby, Raymond Gormely and the Plaintiff reported

the additional thefts

by Dawn Kelly to the FBI in 2013. The Plaintiff arranged for Gormely to meet with the FBI
in 2013 to report his complaint of corruption. Gormley alleged that Freeholder Kelly attempted
to influence Township Administrator Garret Loesch to avoid having his daughter charged
criminally, and that Freeholder Kelly used his political influence to successfully manipulate
the Attorney General's criminal investigation and ultimately arrange for Dawn Kelly to be
charged with third degree offenses rather than face charges of second degree Official
Misconduct. Gormley advised Chief Buzby, Plaintiffand FBI that Christopher Stark and Eileen
Egen, then both aides to Governor Christie, individually approached him at his place of
buisness intimidating him to use his influence to get the Dawn Kelly investigation / inquests
shut down because it would look bad if matters were ever exposed to the public especially
before an election. Gormley refusal was not welcomed and he feared retaliation against him
and his live-in girlfriend Dana Wilson (Little Egg Harbor Township Tax Collector, and the
sister of OCPO Steinhauser' s wife).

51.

In or about September 2013, Plaintiff was contacted by ChiefMiller and advised

that his assignment with the FBI would become part time and would require him to
return to his previous assignment with DV Weapons Unit under Sgt Cecchini. Plaintiff
continued to work with the FBI on an as needed basis. Special Agent Sheehy told
Plaintiff that there were too many Christie loyalists still in the US Attorney's office in
Newark for them to do anything that would hurt him politically.
52.

At the FBI, Plaintiff worked with Special Agents D'orio and Soto, John Sheehy

and John Bruno. Soto advised Plaintiff that DiOrio and Sotos's corruption investigations
involving the Seaside Heights FEMA frauds, OCPO Staff and other investigations were
squashed because it involved numerous political official, police chiefs and police
officers, firemen and OCPO staff, some of whom were too connected politically. Soto
and DiOrio advised Plaintiff that he [DiOrio] was transferred to the Academy, then to

the FBI Newark office where he would be promoted and eventually, would be
transferred back to Red Bank. Soto advised Plaintiff she would be transferred to the
gangs unit but DiOrio would again be promoted to Agent in Charge of the Red Bank
office once McKenna retired. Soto has told Plaintiff that this was to silence DiOrio
about the aborted investigations of Christie allies.
53.

Upon return from the FBI assignment the Plaintiff approached Chief Miller

advising of the misconducts he had witnessed and harassment he had been subjected to.
Plaintiff expressed concerns over having been assigned to the FBI by Prosecutor
Coronato to assist with investigations into OCPO Staff, Freeholder Kelly and others
believing that the FBI investigations would not be pursued, OCPO Staff would not be
held accountable and the Plaintiff would be subjected to additional harassment for
assisting the FBI with the investigations.
54.

At Plaintiffs insistence, Defendants Miller and Coronato referred his complaints

about Petrecca and others to the Division of Criminal Justice ("DCJ") in Trenton in
December 2013. Plaintiff was summoned there for a single, taped interview with Sgt
Tracy Keller and a male detective. They refused to accept any documents which
Plaintiff offered, and said that they would schedule a second, longer interview where
they would finish hearing his statement. Such a second interview never took place.
55.

On May 29,2014, Defendants Coronato, Corson and Miller told Plaintiff that his

complaints to the DCJ had been fully investigated and found to be "Not sustained".
Plaintiff questioned how such disposition could have been established without
completing his statement, accepting his documentary evidence, and interviewing the
witnesses who he identified. Plaintiff advised defendants Coronato, Corson and Miller
ofhis fears and concern of retaliation, spoke about past issues and circumstance where
he was harassed, mistreated and not promoted. Plaintiff spoke about acts of misconduct
committed by OCPO staff including but not limited to, those involved with Sgt Abrams
theft oftime, Frulio's matters involving Binney that led to the Plaintiff being harassed,

LEHT investigations (non-action / cover up), LEHT PD SIU CI files containing

hundreds of potential civilian civil rights violations uninvestigated, matters involving
Estrada v Lakewood where OCPO detectives searched a vehicle prior to obtaining a
search warrant, Det Lindsey Woodfield accusing Plaintiff of assisting DiOrio with
investigations into her and her friend in retaliation for Woodfield's friend having
relations with the same woman DiOrio was having an extramari
affair with, and more. The Plaintiff demanded that the DCJ finish the interview with
him, accept proofs offered and fully investigate each matter accordingly. Defendants
Coronato, Corson and Miller attempted to discourage the Plaintiff from further
complaint. Coronato advised the Plaintiff he would arrange for DCJ to reopen the
investigation, require the Plaintiff to respond back to Trenton to finish the interview,
provide proof and evidence and to document each report of misconduct and allegation
of complaint. Defendant Coronato advised Plaintiff and Det Fiocco that he had made
an executive decision not to investigate any issue regarding Sgt Abrams being signed
into work when he was absent. Coronato said the situation was a disaster, nothing good
would come of it for the office and questioned Plaintiffifhe really wanted Coronato to
hold a former Prosecutor (by then, a Superior Court Judge) and most of his executive
staff accountable for such actions. Coronato suggested tat he would have to clear the
office and would have no one left. The Plaintiff advised Coronato that he wanted
matters investigated and requested that those responsible be accountable for their
actions.
55.

Moments later, while still at the same meeting, Defendants Miller and Corson

presented Plaintiff with notice that a criminal complaint which he had filed against his
exwife would be administratively dismissed due to the potential conflict of interest.
Plaintiff was advised that the matter was forwarded to DCJ due to the conflict of
interest, and that DJC did not wish to investigate the complaint and referred it back to
Coronato for action deemed appropriate. Plaintiff requested that the complaint be
handled by another county, but Coronato refused and said that he had made a final

decision to dismiss the complaint. The Plaintiff felt the dismissal was in retaliation for
his insisting the other complaints be pursued.
56.

In 20 14, Plaintiff was passed over for promotion. As required by the contract, he

met with Defendant Coronato to discuss why he wasn't selected. Coronato told him that
he was "not quite ready", and indicated that he had written LEHT investigation reports
that were inadequate and he did not focus well when investigating the LEHT Corruption
cases while assigned to the IA Unit. Plaintiff explained that he had investigated those
cases and'wrote those reports years prior to Coronato's appointment with the OCPO.
Plaintiff explained after he was abruptly removed from IA, he had been ordered to
complete reports on all of his cases without benefit offiles, notes or other documents.
He also explained that other staff redacted, changed and altered reports without his
authorization, he was not permitted to retain final reports and had beed required to sign
reports without seeing them. Plaintiff informed Coronato that this was part of his
complaints that were lodged to him, to the FBI and to DCl but never investigated.
Prosecutor Coronato advised the Plaintiff that he was the Zoning Board Attorney for
LEHT at the time the matters were investigated and knew of gross misconducts that
were never addressed. Coronato claimed that the Plaintiff was in part responsible for
the "missed opportunity", explaining he has close affiliations with LEHT and can not
get past the "missed opportunity". The Plaintiff explained his role and lack of ability to
make executive decisions as a Detective, further explaining that there was a "missed
opportunity" because he had complained about Petrecca's conduct, attempts to target
political officials based on their affiliations with the Republican Party along with other
misconducts and wrongdoing. Plaintiff advised that the missed opportunities could have
been corrected if investigated by OCPO, DVl or the FBI.
57.

In 2015 Sgt Cecchini was transferred to the Megan's Law Unit and Sgt Trujillo

was transferred to DV to supervise the Plaintiff. The Plaintiff objected to this due to
past matters reported, the understanding that DCl was actively conducting an

investigation of the Plaintiffs complaints which specifically involved Sgt TrujilloTovar. Plaintiff was advised that DCl concluded their investigation, a general notice
was forwarded to Plaintiff but never a description of what was investigated. Plaintiff
requested a detailed explainion in writing of what was investigated by DCJ but was
denied access to that information. The Plaintiff requested to be relieved from Sgt.
Trujillo-Tovar's command but was denied.
58.

Plaintiff complained about Sgt. Trujillo-Tovar's conduct as his supervisor, an

internal investigation was conducted by OCPO IA Det. John Halliday and AP William
Scharfenberg at the direction of Defendants Miller and Corson. The IA was conducted
and an "Unfounded" disposition was established.
59.

On April 13, 2015, Plaintiff was assigned to attend a training session at the

OCPO ange in Waretown. Part of the training was to rehearse how to extricate a suspect
from an automobile. Sgt Steinhauser played the role of a suspect, and Plaintiff was
instructed to extricate him from behind the wheel of an automobile. In doing so,
Steinhauser assaulted Plaintiff. Plaintiff complained of Steinhauer's conduct and
requested action be taken. The Plaintiffs complaints regarding the Waretown incident
were against Steinhauer and other OCPO Firearms Instructors for not taking action
when the Plaintiffwas assaulted. The OCPO acknowledged that the Plaintiffs
complaints involved more that Steinhauer but failed to identify other Firearms
instructors as Targets of Investigation ,and did not investigate each accordingly. The
Plaintiff requested that the IA complaints be conducted by DCl due to the conflict of
interest. The Plaintiffs requests were denied each time. The disposition was
"Unfounded" .
60.

Thereafter, Plaintiff was falsely accused of injuring Steinhauser, and of being

overly aggressive.
61.

At the time, Plaintiff was aware of how OCPO Detective Leah Kapler, who had

also registered complaints against Petrecca which were never documented or

investigated, was assaulted and permanently injured under similar circumstances in
2013.
62.

On August 31, 2015, Plaintiff received disciplinary charges arising from the

April 2015, incident which charges were pretextual and retaliatory.

63.

On various dates in 2015 and 2016, Plaintiff was passed over for promotion.

These decisions were punitive and retaliatory.

64.

On June 20, 2016 Hon.

(Retired) issued his report, finding Plaintiff guilty of

insubordination, conduct unbecoming and submitting a false report.

65.

On June 23, 2016, Defendant Coronato suspended Plaintiff with pay.

66.

On June 30,2016 Defendant Coronato terminated Plaintiff, effective July 1,

2016.
FIRST COUNT
67.

In passing Plaintiff over for promotion to Sergeant on various occasions in

2015 and 2016, Defendant Ocean County acting through Defendants Coronato and
Miller retaliated against him for objecting to, resisting and reporting the misconduct
of Defendants Petrecca, Frulio, Mitchell, Paulhus and others, all contrary to NJSA
34: 19-1, et seq.
68.

Passing Plaintiff over for promotion was an adverse employment action.

WHEREFORE, Plaintiff demands judgment on this Count against Defendants

Coronato, Miller and County of Ocean for compensatory damages, punitive

damages, injunctive relief, costs of suit and reasonable attorney fees.

69.

SECOND COUNT
In bringing pretextual and fabricated disciplinary charges against Plaintiff on

August 31, 2015, Defendant Ocean County acting through Defendants Coronato and
Miller retaliated against him for objecting to, resisting and reporting the misconduct
of Defendants Petrecca, Frulio Mitchell, Paulhus, and others; all contrary to NJSA 34:
19-1, et seq.
70.

Bringing the disciplinary charges was an adverse employment action.

WHEREFORE, Plaintiff demands judgment on this Count against Defendants Coronato,

Miller and County of Ocean for compensatory damages, punitive damages, injunctive relief,
costs of suit and reasonable attorney fees.

THIRD COUNT

71.

All of the individual Defendants were, at all times, agents, officers and

employees of Defendant County of Ocean for purposes of employee supervision

and administration.
72.

Defendant County of Ocean has respondeat superior liability for all act
acts of each of the individual Defendants

WHEREFORE, Plaintiff demands judgment on this Count against Defendant County

of Ocean for compensatory damages, punitive damages, injunctive relief, costs of suit and
reasonable attorney fees.
.,
FOURTH COUNT
73. In repeatedly denying Plaintiff promotions, transferring Plaintiff out of the SIU and into
Grand Jury / Trial in January 2011, ignoring his repeated complaints of harassment and
retaliation, Defendant Ocean County, acting through Defendants Coronato and Miller retaliated
against him for objecting to, resisting and reporting the misconduct of Defendants Petracca

and Frulio as aforesaid.

74. This action was part of a continuing violation of NJSA 34: 19-1, et seq against Plaintiff
for objecting to, resisting and reporting efforts to abuse the powers of the OCPO by targeting
people, without cause and solely because of their political affiliation, and for concealing
criminal activity on the part of OCPO and other local police personnel.
75.

This was part of a pattern, practice, custom and usage within the OCPO, that was

so widespread and known to be an official policy, of concealing the criminal activity of

politically influential individuals and police personnel, includng but not limited to
OCPO personnel.
76.

The retaliation against Plaintiff from and after January 2011 for his objections and

resistance to this conduct created a hostile environment for Plaintiff that has continued to the
present day.
WHEREFORE, Plaintiff demands judgment on this Count against Defendants
Coronato, Miller, Petrecca, Frulio, Paulhus, Kuyl, Corson and County of Ocean for
compensatory damages, punitive damages, injunctive relief, costs of suit and reasonable
attorney fees.

FIFTH COUNT

77.

Defendants Coronato, Miller, Mitchell, Kuyl, Paulhus, Corson, Petrecca and

Frulio aided and abetted each other in the retaliatory conduct aforesaid.
78.

Such aiding and abetting was contrary to NJSA 34:19-1, et seq.

WHEREFORE, Plaintiff demands judgment on this Count against Defendants

Coronato, Miller, Petracca, Frulio, Paulhus, Kuyl, Corson and County of Ocean for

compensatory damages, punitive damages, injunctive relief, costs of suit and reasonable
attorney fees.

SIXTH COUNT

77.

Plaintiff reasserts and realleges each and every previous paragraph as if fully

set forth and reiterated herein.

78. Plaintiff is a member or officer of a New Jersey Police Department wherein Title
11A (Civil Service) of the New Jersey statutes is not in operation.

79. N.J.S.A. 40A:14-150 provides for review of a police officers termination by the
Superior Court. As per the statute, the police officer must serve a written notice of an
application for appeal upon the officer or board whose action is to be reviewed within 10 days
after written notice of the sustaining of the charges is served on the officer or member.

80. N.J.S.A. 40A:150 mandates that the Superior Court shall hear the cause de novo
and may either affirm, reverse or modify such conviction.

81.

In a letter dated June 30, 2016 and served on Plaintiff on June 30,2016,

Defendant Coronato advised him that he was terminating Plaintiffs employment as an OCPO
detective as of July 1, 2016.

82.

On todays date, by way of filing the within Complaint, on copy to Defendants,

Plaintiff herein is serving written notice of his application for appeal to the Superior Court.

83.

Plaintiff requests a trial de novo by the Superior Court with respect to his

disciplinary charges.

WHEREFORE, Plaintiff demands judgment on this Count against Defendants as follows:

a.

Awarding Plaintiff damages, including, but not limited to, equitable, punitive and

compensatory damages on all lost benefits, wages and rights, including but not limited to front
and back pay, as well as all commensurate pension/retirement benefits, and other benefits with
respect to Plaintiffs employment, and non-economic damages for emotional distress, any
statutory fines, compensation for the adverse tax consequences of a lump sum award, together
with both pre-judgment and post judgment interest and attorneys fees and costs, as well as
any enhancements pursuant to the case law, and costs of court;

b.

Awarding Plaintiff reinstatement to his former position as a detective with

OCPO with all requisite salary, seniority, pension/retirement benefits and other benefits with
regard thereto;

c.

For an Order of the Court retaining jurisdiction over this action until Defendants

have fully complied with the Orders of this Court, and that the Court require Defendants to file
such reports as may be necessary to supervise such compliance; and

d.

For such other, further, additional and different relief as this Court deems just

and proper.

Dated: July 5, 2016

.TURY DEMAND

Plaintiff hereby demands a trial by jury on all issues involved herein.

Dated: July 5,2016

CERTIJ<lCATION PURSUANT TO R. 4:5-1

action.

am the attorney for the Plaintiffs named in this

am aware of no other action with which this action

should be

joined,

nor am I

aware of any other parties

that

should be made a party to this action.

I

true.

certify that the foregoing statements made by me are

am aware that i f any of the foregoing statements made

by me are false,

Dated: J ul y 5, 2016

am subject to punishment.